JH vs. Upper Darby School District

Pennsylvania
Special Education Hearing Officer

DECISION

Student’s Name: J.H.

Date of Birth: [redacted]

ODR No. 13564-12-13-KE

CLOSED HEARING

Parties to the Hearing: Parent

Upper Darby School District 4611 Bond Avenue
Drexel Hill, PA 19026

Representative: Pro Se

Scott C. Gottel , Esquire Holsten & Associates One Olive Street Media, PA 19063

Date of Hearing: May 8, 2013

Record Closed: May 13, 2013

Date of Decision: May 28, 2013

Hearing Officer: William F. Culleton, Jr., Esquire

INTRODUCTION AND PROCEDURAL HISTORY

The student named in the title page of this decision (Student) is an eligible resident of the school district named in the title page of this decision (District). (NT 68.) Student is not currently identified as a child a disability pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). (NT 68.) The District requested due process in this matter, requesting an order authorizing it to evaluate Student in the absence of Parent’s consent. Parent strenuously objects to the proposed evaluation.

The hearing was concluded in one day and the record closed upon receipt of the transcript. I conclude that the District has good reason to evaluate the Student, and I will enter an order authorizing it to do so.

1
Parent raised numerous objections to this proceeding , and eventually refused to return to

complete the hearing after a lunch break. I overruled each of Parent’s objections after hearing them (NT 5-63), and decided to complete the hearing when Parent did not return, because I concluded that Parent’s excuse was not credible, and was part of a deliberate attempt to manipulate the proceedings for purposes of delay. (NT 142-145.)

I want Parent to understand that nothing in this decision requires the Parent to do anything. My order is limited to telling the District that it can legally do what it can to evaluate the Student. I do not order the Parent to do anything or not do anything.

ISSUE

1. Should the Hearing Officer order that the District is authorized to proceed with an educational evaluation of Student without parental consent, in spite of Parent’s objection to such an evaluation?

J-H-Upper-Darby-ODRNo-13564-12-13-KE

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